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How An Employee's Drug or Alcohol Use Can Affect His Missouri Workers' Compensation Benefits

             If the “employee fails to obey any rule or policy adopted by the employer relating to a drug-free workplace or the use of alcohol or nonprescribed controlled drugs in the workplace,” the following rules apply under the Missouri Workers' Compensation law, Section 287.120.6:   

            a. The compensation and death benefit provided shall be reduced by 50%  “if the injury was sustained in conjunction with the use of alcohol or nonprescribed controlled drugs.”

 

            b. If the use of alcohol or nonprescribed controlled drugs is the proximate cause of the injury, then the benefits shall be completely forfeited.


            c .  If an employee’s blood alcohol level is above the level of legal intoxication (currently, .08 BAC in Missouri), then there is a rebuttable presumption that the voluntary use of alcohol under such circumstances was the proximate cause of the injury.

 

            d. If an employee refuses to take a drug or alcohol test at the request of the employer, then all benefits shall be forfeited “if the employer had sufficient cause to suspect use of alcohol or a nonprescribed controlled substance by the claimant or if the employer's policy clearly authorizes post-injury testing.”   § 287.120.6 R.S.Mo.

 

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